North Carolina

North Carolina Public Records Law

N.C.G.S. §§ 132-1 through 132-10

Open Records Transparency: 62/100 (good) Transparency Score: 62/100

Response Timeline

No statutory deadline for response. Courts apply a 'reasonable time' standard based on case law. The statute requires agencies to permit inspection, but does not mandate a specific response period. In practice, most agencies respond within a few business days for routine requests.

No residency requirement. Any 'person' may request records regardless of citizenship or location.

How to Submit a Request

Accepted Methods

  • Written — No specific format required
  • In person — May inspect during business hours
  • Oral — Oral requests permitted under the statute

No specific form or format required. The statute broadly permits access to 'public records' without imposing procedural requirements on requesters. Agencies cannot require requesters to state their purpose.

Required Elements

  • Description of records sought

Optional Elements

  • Preferred format
  • Contact information

Fees

Fees limited to 'direct, chargeable costs related to reproduction' excluding costs that would have been incurred regardless. Many agencies do not charge for routine requests. Special service charges allowed for extensive requests but separation costs are always on the agency.

Fee Waivers

  • No statutory waiver provisions; agencies may waive fees at their discretion

No statutory fee waiver mandate. Agencies commonly waive fees for small or routine requests.

Exemptions

  • Atty client
    Written attorney communications, limited to 3 years (G.S. § 132-1.1(a))
  • Trade secrets
    Trade secrets meeting four statutory criteria, including confidential designation at disclosure (G.S. § 132-1.2(1))
  • Tax info
    State and local tax information (G.S. § 132-1.1(b))
  • Criminal invest
    Law enforcement investigation and intelligence records (G.S. § 132-1.4)
  • Security
    Vulnerability assessments, security tactics, and safety procedures (G.S. § 132-1.7)
  • Autopsy
    Photographs, audio, and video from autopsies (G.S. § 132-1.8)
  • Trial prep
    Litigation work product (G.S. § 132-1.9)
  • Personal id
    Social security numbers and personal identifying information (G.S. § 132-1.10)
  • Adoption
    Confidential adoption records except decrees and index entries (G.S. § 48-9-102)
  • Econ dev
    Temporary exemption for economic incentive information during negotiations (G.S. § 132-1.11)

North Carolina's exemptions are scattered across multiple statutes rather than consolidated in Chapter 132. Burden on agency to prove exemption. Attorney-client exemption uniquely limited to 3 years. Trade secret exemption requires meeting all four statutory criteria.

Appeal Process

1

Fee dispute mediation (optional)

Disputes over fees may be mediated by the State Chief Information Officer (G.S. § 132-6.2(b)). Not required before court action.

2

Superior Court action

File civil suit in Superior Court to compel disclosure. Court may order production and award attorney fees. No formal administrative appeal required.

No administrative appeal required before court action. Fee disputes can go through State CIO mediation. Primary enforcement via Superior Court. Attorney fees mandatory for prevailing requesters with limited exceptions.

Request Templates

NFOIC North Carolina Sample Request →

National Freedom of Information Coalition

RCFP Open Government Guide - North Carolina →

Reporters Committee for Freedom of the Press

NC Press Association FOI Resources →

North Carolina Press Association

Records Retention

Retention Law
Public Records Law (Archives and History / Public Records)

N.C. Gen. Stat. 121-5; Ch. 132

View retention law →

Retention schedule catalog →

Chapters 121 and 132 govern retention and disposition of all public records. No person may destroy, sell, or dispose of any public record without DNCR consent. The State Archives uses a consolidated Functional Schedule (16 functions) for state agencies. Search guides and video tutorials are available.